Common use of SURRENDER OF PREMISES; REMOVAL OF PROPERTY Clause in Contracts

SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Subject to the terms of Section 16 relating to damage and destruction, upon expiration or termination of the Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its expense shall: (1) remove Tenant’s goods and effects and those of all persons claiming under Tenant, (2) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all Tenant Improvements and/or other alterations, additions or improvements installed in the Premises by Landlord or Tenant, except Tenant’s trade fixtures that do not become part of the Building and the Required Removals as hereinafter defined) (the requirements of this sentence referred to as the “Restoration Obligation”). On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to surrender the premises to Landlord. On expiration of the Term, Tenant shall remove all of Tenant’s moveable equipment, furniture, trade fixtures and other personal property, all telecommunications and computer networking wiring and cabling serving the Premises from the Building, unless Landlord requires such materials to be surrendered to Landlord, and any alteration or Tenant Improvement identified by Landlord at least thirty (30) days prior to the Expiration Date (or within 30 days following the early termination of this Lease) (collectively the Required Removals”). Any property of Tenant not removed from the Premises shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may store such property in Tenant’s name at Tenant’s expense, and/or dispose of the same in any manner permitted by law at Tenant’s expense. Tenant shall repair at its sole cost and expense, all damage caused to the Premises or the Building by removal of the Required Removals, Improvements and Alterations as Tenant shall be allowed or required to remove from the Premises by Landlord. If the Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnify, defend, protect and hold Landlord, its employees, agents and contractors harmless from and against any and all damages resulting from or caused by Tenant’s delay or failure in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord shall be attempting to lease the Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible. Tenant hereby waives all claims for damages that may be reasonably caused by Landlord’s reentering and taking possession of the Premises or removing and storing Tenant’s property as herein provided, and Tenant shall indemnify and hold harmless Landlord therefrom. No such reentry shall be considered or construed to be a forcible entry.

SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Subject to the terms provisions of Section 16 relating to damage 7.3 of this Lease and destructionof the Work Letter, if any, attached hereto, upon expiration the Expiration Date or upon any earlier termination of the Term, whether by lapse of time or otherwise (including any holdover period)this Lease, Tenant at its expense shall: (1) remove Tenant’s goods shall quit and effects and those surrender possession of all persons claiming under Tenant, (2) repair and restore the Premises to a condition Landlord in as good order, condition and repair as when received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all Tenant Improvements and/or other alterations, additions or improvements installed in the Premises hereafter may be improved by Landlord or Tenant, reasonable wear and tear, damages due to casualty and condemnation and repairs which are Landlord’s obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all personal property, removable trade fixtures, and equipment and debris and perform all work required under Section 7.3 of this Lease and/or the Work Letter, if any, attached hereto as to Replacements of Non-Standard Improvements and removal of Alterations, except for any items that Landlord may by written authorization allow to remain. Tenant shall repair all damage to the Premises resulting from the removal, which repair shall include the patching and filling of holes and repair of structural damage, provided that Landlord may instead elect to repair any structural damage at Tenant’s trade fixtures that do not become part expense. If Tenant shall fail to comply with the provisions of this Section, Landlord may effect the Building removal and/or make any repairs, and the Required Removals as hereinafter defined) (cost to Landlord shall be additional rent payable by Tenant upon demand. If Tenant fails to remove Tenant’s personal property from the requirements of this sentence referred to as Premises upon the “Restoration Obligation”). On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to surrender the premises to Landlord. On expiration of the Term, Tenant shall remove all Landlord may remove, store, dispose of Tenant’s moveable equipment, furniture, trade fixtures and other and/or retain such personal property, all telecommunications and computer networking wiring and cabling serving the Premises from the Building, unless Landlord requires such materials to be surrendered to Landlord, and any alteration or Tenant Improvement identified by Landlord at least thirty (30) days prior to the Expiration Date (or within 30 days following the early termination of this Lease) (collectively the Required Removals”). Any property of Tenant not removed from the Premises shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may store such property in Tenant’s name at Tenant’s expense, and/or dispose of the same in any manner permitted by law at Tenant’s expense. Tenant shall repair at its sole cost and expenseaccordance with then applicable laws, all damage caused to at the Premises or the Building by removal expense of the Required Removals, Improvements and Alterations as Tenant shall be allowed or required to remove from the Premises Tenant. If requested by Landlord. If the Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnifyexecute, defendacknowledge and deliver to Landlord an instrument in writing releasing and quitclaiming to Landlord all right, protect title and hold Landlord, its employees, agents and contractors harmless from and against any and all damages resulting from or caused by Tenant’s delay or failure interest of Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord shall be attempting to lease the Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible. Tenant hereby waives all claims for damages that may be reasonably caused by Landlord’s reentering and taking possession of the Premises or removing and storing Tenant’s property as herein provided, and Tenant shall indemnify and hold harmless Landlord therefrom. No such reentry shall be considered or construed to be a forcible entry.

SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Subject to the terms provisions of Section 16 relating to damage 7.3 of this Lease and destructionof the Work Letter, if any, attached hereto, upon expiration the Expiration Date or upon any earlier termination of the Term, whether by lapse of time or otherwise (including any holdover period)this Lease, Tenant at its expense shall: (1) remove Tenant’s goods shall quit and effects and those surrender possession of all persons claiming under Tenant, (2) repair and restore the Premises to a condition Landlord in as good order, condition and repair as when received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all Tenant Improvements and/or other alterations, additions or improvements installed in the Premises hereafter may be improved by Landlord or Tenant, reasonable wear and tear, damage by casualty, and repairs which are Landlord’s obligation excepted, and shall, without expense to Landlord, remove or cause to be removed from the Premises all personal property, removable trade fixtures, and equipment and debris and perform all work required under Section 7.3 of this Lease and/or the Work Letter, if any, attached hereto, as to Replacements of Non-Standard Improvements and removal of Alterations, except for any items that Landlord may by written authorization allow to remain. Tenant shall repair all damage to the Premises resulting from the removal, which repair shall include the patching and filling of holes and repair of structural damage, provided that Landlord may instead elect to repair any structural damage at Tenant’s trade fixtures that do not become part expense. If Tenant shall fail to comply with the provisions of this Section, Landlord may effect the Building removal and/or make any repairs, and the Required Removals as hereinafter defined) (cost to Landlord shall be additional rent payable by Tenant upon demand. If Tenant fails to remove Tenant’s personal property from the requirements of this sentence referred to as Premises upon the “Restoration Obligation”). On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to surrender the premises to Landlord. On expiration of the Term, Tenant shall remove all Landlord may remove, store, dispose of Tenant’s moveable equipment, furniture, trade fixtures and other and/or retain such personal property, all telecommunications and computer networking wiring and cabling serving the Premises from the Building, unless Landlord requires such materials to be surrendered to Landlord, and any alteration or Tenant Improvement identified by Landlord at least thirty (30) days prior to the Expiration Date (or within 30 days following the early termination of this Lease) (collectively the Required Removals”). Any property of Tenant not removed from the Premises shall be deemed, at Landlord’s option, to be abandoned by Tenant and Landlord may store such property in Tenant’s name at Tenant’s expense, and/or dispose of the same in any manner permitted by law at Tenant’s expense. Tenant shall repair at its sole cost and expenseaccordance with then applicable laws, all damage caused to at the Premises or the Building by removal expense of the Required Removals, Improvements and Alterations as Tenant shall be allowed or required to remove from the Premises Tenant. If requested by Landlord. If the Premises are not surrendered as of the end of the Term in the manner and condition herein specified, Tenant shall indemnifyexecute, defendacknowledge and deliver to Landlord an instrument in writing releasing and quitclaiming to Landlord all right, protect title and hold Landlord, its employees, agents and contractors harmless from and against any and all damages resulting from or caused by Tenant’s delay or failure interest of Tenant in so surrendering the Premises, including, without limitation, any claims made by any succeeding tenant due to such delay or failure. Tenant acknowledges that Landlord shall be attempting to lease the Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Premises could cause Landlord to incur liability to such successor tenant for which Tenant shall be responsible. Tenant hereby waives all claims for damages that may be reasonably caused by Landlord’s reentering and taking possession of the Premises or removing and storing Tenant’s property as herein provided, and Tenant shall indemnify and hold harmless Landlord therefrom. No such reentry shall be considered or construed to be a forcible entry.

SURRENDER OF PREMISES; REMOVAL OF PROPERTY. Subject to (a) This Lease shall terminate without further notice upon the terms of Section 16 relating to damage and destruction, upon expiration or termination of the Term, whether by lapse of time or otherwise (including any holdover period), Tenant at its expense shall: (1) remove Tenant’s goods and effects and those of all persons claiming under Tenant, (2) repair and restore the Premises to a condition as good as received by Tenant from Landlord or as thereafter improved, reasonable wear and tear excepted, and (3) promptly and peacefully surrender the Premises (including surrender of all Tenant Improvements and/or other alterations, additions or improvements installed in the Premises by Landlord or Tenant, except Tenant’s trade fixtures that do not become part of the Building and the Required Removals as hereinafter defined) (the requirements of this sentence referred to as the “Restoration Obligation”). On or before the ninetieth (90th) day preceding the Expiration Date, Tenant shall notify Landlord in writing of the precise date upon which Tenant plans to surrender the premises to Landlord. On expiration of the Term, and any holding over by Tenant after the expiration shall not constitute a renewal or extension of this Lease, or give Tenant any rights under this Lease, except when in writing signed by both parties. Any period of time following the Expiration Date or earlier termination of this Lease required for Tenant to remove all of Tenant’s moveable equipment, furniture, trade fixtures and other personal property, all telecommunications and computer networking wiring and cabling serving its property or to place the Premises from in the Building, unless condition required pursuant to Section 11(c) (or for Landlord requires such materials to do so if Tenant fails to do so) shall be surrendered to deemed a holding over by Tenant. If Tenant holds over for any period after the Expiration Date (or earlier termination) of the Term without the prior written consent of Landlord, such possession shall constitute a tenancy at sufferance only and any alteration or Tenant Improvement identified by an Event of Default under this Lease; such holding over with the prior written consent of Landlord at least shall constitute a month-to-month tenancy commencing on the first (1st) day following the termination of this Lease and terminating thirty (30) days prior following delivery of written notice of termination by either Landlord or Tenant to the Expiration Date (or within 30 days following other. In either of such events, possession shall be subject to all of the early termination terms of this Lease) (collectively , except that the Required Removals”). Any property of Tenant not removed from the Premises monthly Basic Rent shall be deemed, at one hundred fifty percent (150%) of the greater of (a) the Basic Rent for the month immediately preceding the date of termination or (b) the then currently scheduled Basic Rent for comparable space in the Project. The acceptance by Landlord of monthly holdover rental in a lesser amount shall not constitute a waiver of Landlord’s optionright to recover the full amount due for any holdover by Tenant, to be abandoned by Tenant and Landlord may store such property unless otherwise agreed in Tenant’s name at Tenant’s expense, and/or dispose of the same in any manner permitted by law at Tenant’s expense. Tenant shall repair at its sole cost and expense, all damage caused to the Premises or the Building by removal of the Required Removals, Improvements and Alterations as Tenant shall be allowed or required to remove from the Premises writing by Landlord. If Tenant fails to surrender the Premises are not surrendered as upon the expiration of the end of the Term in the manner and condition herein specifiedthis Lease despite demand to do so by Landlord, Tenant shall indemnify, defend, protect indemnify and hold Landlord, its employees, agents and contractors Landlord harmless from and against any and all damages resulting from loss or caused by Tenant’s delay or failure in so surrendering the Premisesliability, including, including without limitation, any claims made by any succeeding tenant due relating to such delay or failure. Tenant acknowledges that Landlord shall be attempting to lease the Premises with any such lease to be effective upon expiration of the Term, and failure to surrender the Premises could cause Landlord surrender. The foregoing provisions of this Section are in addition to incur liability to such successor tenant for which Tenant shall be responsible. Tenant hereby waives all claims for damages that may be reasonably caused by and do not affect Landlord’s reentering and taking possession right of the Premises re-entry or removing and storing Tenant’s property as herein provided, and Tenant shall indemnify and hold harmless any other rights of Landlord therefrom. No such reentry shall be considered under this Lease or construed to be a forcible entryat law.